Republic of the Philippines
DEPARTMENT OF LABOR AND EMPLOYMENT
Regional Office No. ____
City/Municipality of __________, Province of ________
Name
Complainant CASE NO. 2017-
- Versus -
Name
Respondent
QUITCLAIM AND RELEASE
COMES NOW the undersigned complainant in the above entitled case
before this Office, respectfully manifest:
That for in consideration of the sum of One Million Pesos (P 1,000,000.00)
in settlement of my claim, receipt of which is hereby acknowledge to my complete
and full satisfaction. I hereby release and discharge the _____Name of
Employer________ and / or its officer, from any and all by way of unpaid wages,
separation pay, overtime pay, differential pay or otherwise as may be due me
incident to my past employment with said establishment. I hereby state further that
I have no more claim or cause of action of whatever nature whether past, present
or contingent against the said _____Name of Employer________ and/or its
officer.
In view hereof, I hereby move for dismissal of the above entitled case and
further request that the same be dropped from the business calendar of this office.
IN WITNESS WHEREOF, I hereunto set my hand this 21st day of
April 2017 at _________________, Philippines.
Name of Complainant
Complainant
PAID IN THE PRESENCE OF:
Witness 1 Witness 2
SUBSCRIBED and SWORN TO before me this 21st day of April 2017 at
_______________, Philippines, affiant exhibiting to me her SSS ID with ID No.
______________ issued by the Social Security System, as competent evidence of
her identity, and she personally acknowledged to me that the foregoing “Petition”
is her free and voluntary act and deed. Machine copy of this SSS ID is hereto
attached.
Atty. Karmila D. Abogada
Notary Public
PTR No. 1234567, Iloilo City, 1/2/17
IBP OR No. 654321, Iloilo City, 1/2/17
Attorney’s Roll No. 11122
MCLE Compliance Certificate No. IV-
0025415, Pasig City, 1/2/17
Doc No. _____;
Page No. _____;
Book No. _____;
Series of 2017.
Republic of the Philippines
Regional Trial Court
Second Judicial Region
Tuguegarao City
GLADYLOU RAMOS
Plaintiff CIVIL CASE NO: 12345
FOR: COLLECTION OF SUM OF MONEY
-versus-
GLORIA DELA CRUZ
Defendant
x-----------------x
MOTION TO DISMISS
DEFENDANT, through his counsel, move that the complaint in this case be
dismissed, and in support thereof, respectfully alleges:
1. That the court has no jurisdiction of the of the defendant and/or of the subject
matter of the action, for the reason that at the outset, it must be pointed out that as
per request made by plaintiff, defendant just signed the promissory note to
accommodate his friend and that proceeds of the loan subject of the above
mentioned promissory note went to her friend Juliet Pulio and not to the
defendant;
2. This fact was not unknown to plaintiff since she was the one who proposed the
said arrangements;
3. Hence, if at all plaintiff should go after Juliet Pulio and not after herein defendant;
4. Nevertheless, if only to establish the fact that the instant suit is patently baseless
and ungrounded and that plaintiff maliciously instituted the same defendant
deems it necessary to set-up the following defense;
5. In addition to the full settlement of the Php 350,000.00 plaintiff seeks to collect
from defendant by virtue of the instant case on ground of defective Certificate of
Non-forum shopping;
6. A perusal of the Verification and Certification against Forum Shopping attached to
the complaint readily reveals that the same is not subscribed nor sworn in
violation of the Administrative Circular No. 09-94 which states in pertinent parts:
1
“The plaintiff, petitioner, applicant or principal party seeking relief in the
complaint, petition, application or other initiatory pleadings shall certify under
oath in such original pleadings, or in a sworn certification annexed therto and
simultaneously filed therewith, to the truth of the following facts and
undertakings: (a) he has not heretofore commenced any other action or
proceeding involving the same issues in the Supreme Court, the Court of Appeals,
or any other tribunal or agency; (b) to the best of his knowledge, no such action of
proceeding is pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency; (c) if there is any such action or proceeding which is either
pending or may have been terminated, he must state the status thereof; and, (d) if
he should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals or any other tribunal or
agency, he undertakes to report that fact within five (5) days therefrom to the
court or agency wherein the original pleading and sworn certification
contemplated herein have been filed.
xxxxxxxxx
Any violation of this Circular shall be cause for the dismissal of the of
the complaint, petition, application or other initiatory pleading, upon motion
and after hearing. Under scoring ours.
7. It is clear from the foregoing that compliant in the instant case is fatally defective
which cannot be cured by mere amendment;
8. This being the case the complaint in the instant case should be dismissed even on
this ground alone.
WHEREFORE, defendant prays that the complaint be dismissed, with cost
against the plaintiff.
ATTY. RAMBEE G. AGGABAO
Counsel for the Defendant
2
The Clerk of Court
Regional Trial Court
Greetings!
Please submit the foregoing motion for the consideration and approval of this
Honorable Court immediately upon receipt hereof.
ATTY. RAMBEE G. AGGABAO
3
VERIFICATION
I, GLORIA DELA CRUZ, of legal age and a resident of Tuguegarao City, after
having been duly sworn to in accordance with law hereby depose and state that:
1. I am the defendant in Civil Case No. 12345 pending before the Regional Trial
Court, Branch ___, Tuguegarao City and which is the subject of the present
case.
2. I have caused the preparation and filing of the foregoing Motion to Dismiss.
3. I have read the contents thereof and that the same are true based on my own
personal knowledge and on documents and records in my possession.
GLORIA DELA CRUZ
Affiant
Subscribed and sworn to before me this 1st day of December 2014 at Tuguegarao
City, Cagayan affiant has exhibited to me her Postal ID issued by Postal Office of
Cagayan issued at Tugegarao City bearing her photograph and signature.
ATTY. RAMBEE G. AGGABAO
Doc. No. xxx
Page No. xxx
Book No. xxx
Series of 2014
4
REPUBLIC OF THE PHILIPPINES
7th JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH _____
CEBU CITY
JUAN DE LA CRUZ
Plaintiff,
-versus- CIVIL CASE NO. ______________
FOR:
JUAN TAMAD
Defendant.
x---------------------------------------/
MOTION TO DECLARE DEFENDANT IN DEFAULT
Plaintiff, by counsel and unto this Honorable Court, respectfully states
1. The records of the Honorable Court show that Defendant was served with copy of the
summons and of the complaint, together with annexes thereto on 15 January 2015.
2. Upon verification however, the records show that Defendant Juan Tamad has failed to
file his Answer within the reglementary period specified by the Rules of Court despite the
service of the summons and the complaint;
3. As such, it is respectfully prayed that Defendant Juan Tamad be declared in default
pursuant to the Rules of Court and that the Honorable Court proceed to render judgment
as the complaint may warrant.
P R AY E R
WHEREFORE, it is respectfully prayed that Defendant JUAN TAMAD be
declared in default pursuant to the Rules of Court and that the Honorable Court proceed
to render judgment as the complaint may warrant.
Other reliefs, just and equitable under the given circumstances, are likewise prayed for.
RESPECTFULLY SUBMITTED.
16 FEBRUARY 2015
CEBU CITY, PHILIPPINES.
(COUNSEL)
NOTICE OF HEARING
HON. CLERK OF COURT
BR. _______
Greetings.
Kindly the foregoing motion to the attention of the Honorable Court immediately upon
receipt thereof and set the same for hearing on 20 FEBRUARY 2015, 8:30 A.M.
ATTY. XYZ
Counsel for the defedants.
Please be notified that the foregoing motion will be set for hearing this 20 February 2015,
8:30 A.M.
COPY FURNISHED:
ATTY XYZ
RECEIVED BY:
FORM 9-SCC
REPUBLIC OF THE PHILIPPINES
_______________________________
_______________________________
_______________________________
_____________________________,
Plaintiff,
vs. Civil Case No. _____________
For:______________________
_____________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - x
MOTION FOR EXECUTION
Plaintiff/Defendant, unto this Honorable Court, respectfully alleges that:
1. On _______________, a judgment was rendered by the Court, the dispositive
portion of which reads:
2. The judgment is final and unappealable.
3. The defendant has not complied with the judgment.
WHEREFORE, premises considered, it is respectfully prayed that a writ of
execution be issued to implement the judgment of the Court dated __________________.
______________________, __________________.
_______________________
Plaintiff/Defendant
NOTICE OF HEARING
NAME OF DEFENDANT
(If filed by the Plaintiff)
NAME OF PLAINTIFF
(If filed by the Defendant)
NAME OF CLERK OF COURT
Please be notified that the undersigned will submit the foregoing motion for the
consideration and approval of the Court on _________________ at ______________.
________________________ , _________________.
_____________________
Plaintiff/Defendant
Republic of the Philippines
REGIONAL TRIAL COURT
First Judicial Region
Branch 62
La Trinidad, Benguet
RAMON ONG,
Plaintiff, CIVIL CASE No. 09-CV-2582
-vs-
SPS. BENEDICT MANUEL and
SANDRA MANUEL,
Defendants,
x--------------------------------------------x
MOTION FOR EXECUTION
PLAINTIFF, by and through the undersigned counsel, and unto the
Honorable Court, most respectfully state that:
1. This case was decided in favor of the Plaintiff by the Honorable Court
last December 4, 20111, the dispositive portion of which provide to wit:
“WHEREFORE, in view of all the foregoing, judgment is hereby
rendered in favor of the plaintiff and against the defendants.
Defendants Benedict and Sandra Manuel are hereby ordered to
immediately and permanently vacate the property covered by and
described in Transfer Certificate of Title No. T-5281 in the name of
Plaintiff Ramon Ong and to remove at their own expense, all their
improvements found thereon. Defendants are also ordered to
reimburse the plaintiff actual damages in the form of attorney’s fees in
the amount of Php. 50,000.00 with additional Php 2,000.00 for each
court appearance of plaintiff’s counsel.”
2. No Motion for Reconsideration or Appeal was filed by the Defendant
instead they filed a Petition for Certiorari under Rule 65 to the Court of
Appeals assailing the June 28, 2010 order of the Honorable Court
declaring Defendants in Default, the November 30, 2010 order Denying
1
Annex “A”
Defendant’s Motion to Lift Order of Default, and the February 16, 2011
order denying their Motion for Reconsideration.
3. The Honorable Court of Appeals Dismissed the Petition and sustained
the November 30, 2010 and February 16, 2011 orders of this Honorable
Court in a Decision dated June 28, 2012.
4. Defendants then filed a Motion for Reconsideration over the said
Decision which was denied by the Honorable Court of Appeals in an
order dated December 19, 2012.
5. Defendants elevated the case to the Honorable Supreme Court
through a Petition for Review on Certiorari which was again denied
affirming the June 28, 2012 and December 19, 2012 resolution of the
Court of Appeals. A copy of the Decision is hereto attached as Annex
“B”.
6. The decision had hence since became final and executory, a copy of the
Entry of Judgment is hereto attached as Annex “C”.
7. Thus having no doubt on the correctness of this Honorable Court’s
Decision, plaintiff through counsel now move for the execution of the
said decision.
RELIEF
WHEREFORE, premises considered it is respectfully prayed for that a writ
of execution be issued to enforce the decision of this Honorable Court’s order
dated December 4, 2011.
Such other reliefs just and equitable under the premises are likewise
prayed for.
Baguio City, Philippines, this 30th day of April 2015.
CHRISTOPHER D. DONAAL
Privilege Tax Receipt No. 2012966; 06 January 2015
IBP Lifetime No. 06875, Mt. Province Chapter
Roll of Attorneys No. 52587; 12 May 2006
MCLE Compliance No. IV-0020927; 20 June 2013
09396417682
Notice:
The Honorable Clerk of Court
Regional Trial Court Branch 62
La Trinidad Benguet
Greetings!
Please submit the foregoing for the consideration of the Honorable Court
and set the same for hearing on May 5,2015 at 8:30 o’clock in the morning.
Thank you.
Christopher Donaal
Atty. Leoncio L. Alangdeo
Counsel for Defendants
Rm. 16, 2/F Old Market Bldg.
Magsaysay Avenue, Baguio City
Sir:
Greetings!
Please take Notice that the undersigned shall be submitting the
foregoing for the Consideration of the Honorable Court and will be setting
the same for hearing on May 5, 2014.
Thank you.
Christopher Donaal
Copy furnished: Via Personal Service
Atty. Leoncio L. Alangdeo
Counsel for Defendants
Rm. 16, 2/F Old Market Bldg.
Magsaysay Avenue, Baguio City
